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Communities and Local Government

He is indeed keeping an eye on me. I have long suspected that the right hon. Gentleman and I would both be comfortable within the tradition that Disraeli founded, but I shall not ask him to change his position too much in the Chamber just before Christmas. The right hon. Gentleman made a serious point about repeat planning applications and gave some serious examples of what has happened in his constituency. I have had similar examples in my constituency and I suspect that many right hon. and hon. Members could say the same. Many of us have heard horror stories of communities—and, indeed, local authorities themselves—sometimes feeling worn down by repeated applications from the same developer on the same site. The right hon. Gentleman has seen that with particular types of development in his constituency, and I have certainly had to do battle on behalf of my constituents over repeat applications to develop back gardens, for example. That is a real threat in many suburban areas. It is important, therefore, that we take steps to prevent the system from being abused. People of course have a right to make planning applications, but there are measures, to which I will come now, with which we can seek to control them. At the moment, a local planning authority can decline to determine a planning application, if it has refused permission for two ““substantially similar”” applications on the same site, or if one such application has been refused by the Secretary of State on appeal within the past two years. It is worth reminding local authorities, and members of planning committees and their officers, that they are entitled to use that safeguard, and not to be browbeaten, perhaps, in some circumstances. The relevant provisions are in sections 70A and 70B of the Town and Country Planning Act 1990, as amended. The decision on whether an application is the same or substantially the same, and therefore on whether a determination can be refused, is for the local planning authority. Obviously, it has to take care, because it is justiciable, but provided that it acts within the context of public law in decision making, that safeguard is open to them. It is a discretionary power, however, and does not preclude an amended application from being made—once a developer has listened and addressed objections, as I hope would be the case—that does not fall foul of the provisions,. I can confirm to the right hon. Member for Birkenhead that the Government intend to apply similar principles to neighbourhood plans drawn up under the Localism Bill. The Bill would allow local authorities to decline to consider a repeat proposal for a neighbourhood development order—the mechanism for, in effect, giving consent under the Bill. I hope that his point has been taken on board in that regard.